The Japanese company Nintendo is a world famous electronics game company and its Switch game console is very popular among consumers around the world. It ranked top in the list of Time’s Top 10 Gadgets of 2017 and was selected as the 10 Best Gadgets of the 2010s. With classic games such as “Super Mario” and “The Legend of Zelda”, it enjoys a high reputation in the whole world. Nintendo has authorized Tencent to exclusively sell Switch game consoles in mainland China, and Tencent has the exclusive authorization for Switch system software as well as Switch games and acts as the copyright holder of Switch system software and Switch game software. The Chinese version of Switch was officially launched in December 2019.

In August 2020, Tencent found that some stores in computer malls were selling hacked Switches, providing on-site hacking and welding of Switch chips and providing downloading of “Mario Kart 8 Deluxe”, “Super Mario Odyssey” and “New Super Mario Bros. U Deluxe” for customers. In response to the new technical case of hacking the Chinese version Switch game console, Lawyer Liao Huaixue and his team accepted Tencent’s commission, organized field investigations, comprehensively collected relevant evidence of infringements committed by the stores, and filed complaints to administrative agencies for the infringements. 

A Switch is only compatible with the official operating system, and can only run genuine games that have been obtained through purchasing game cassettes or downloaded after paying in electronic stores – these are all technical measures taken by copyright owners to protect their software copyright. Without obtaining the official authorization of Switch, the infringer welded hacked chip in the Switch and activated unofficial Switch system software. It destroyed the startup protection mechanism of Switch and was a deliberate avoidance or destruction of the technical measures taken by the copyright holder to protect their software copyright. In addition, chip welding and hacking also changed the original structure and circuit structure of Switch and caused a safety hazard which may harm the public interests. In accordance with the provisions of Article 24(3) of the Regulations on Computers Software Protection, the administrative agency investigated and dealt with the above-mentioned illegal acts of the infringer, required them to stop the infringement, confiscated their illegal gains and imposed a fine. 

Due to the internationalized rights chain of Switch and the complex technical background involved in hacking, huge difficulties arose when safeguarding the legal rights. The ever increasing number of hackings not only infringes the legitimate rights and interests of right holders, but also destroys China’s genuine game environment. By safeguarding the rights from the aspect of copyright administrative protection, we quickly and efficiently stopped the infringement and safeguarded the legitimate rights and interests of the right holders in a timely manner, which will help protect innovation and promote the healthy development of the game ecology.